Posts
Notes and updates on immigration law.
USCIS posts alert about “Transfer the Underlying Basis” and creates inflated expectations over EB I-485 applications
Update 06/28/2022 We are now seeing the results of the requests to transfer the underlying basis (“relink”). We started filing the requests in February. Below is a sample. In addition to sending out the written request to relink, our advice is to follow up on that request by calling USCIS and initiating a service inquiry.…
Prevailing Wage Determinations Have Slowed Down; FIFO No Longer a Certainty
Update January 30, 2023 Just received a batch of prevailing wage determinations (PWD). It seems DOL is issuing determinations of wage requests filed in July 2022. We also got back PWDs of our earliest requests that have been pending since April 2022. No pending wage requests filed before July 2022. Update January 10, 2023 We…
Updated Posts 01/21/2022
H-1B Processing Update
Waivers of interviews for certain Nonimmigrant Visas until 12/31/2022
On December 23, 2021, the Department of State has authorized consular offices through the end of 2022 to waive the in-person interview requirement for additional visa types including temporary workers applying for H-1, H-3, H-4, L, O, P, and Q who meet certain conditions. Consular officers have the discretion to waive the interview requirement for…
Healthcare workers may request expedited processing of their pending Form I-765s (EADs)
Update 10/20/2022 On 10/20/2022, USCIS extended this flexibility. If you’re a healthcare/childcare worker and have a pending I-765 that has been pending for over 90 days, you may request expedited processing. See below for definitions of a healthcare/childcare worker. Original Post 12/28/2021 On December 28, 2021, USCIS issued guidance allowing healthcare workers to request expedited…
USCIS Temporarily Waiving 60-Day Rule For I-693 Signatures
On December 9, 2021, USCIS announced that it is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (such as I-485). In October 2020, many applicants could not file their…
Suspension of Visitors From South Africa And Surrounding Countries Due To Risk of Transmitting Omicron Variant
Due to the emergence of the Omicron variant of Covid-19, the white house has issued a proclamation barring the entry of nonimmigrant/immigrant visitors who were physically present in the following countries: Republic of Botswana Kingdom of Eswatini Kingdom of Lesotho Republic of Malawi Republic of Mozambique Republic of Namibia Republic of South Africa Republic of…
Settlement Reached: H-4 EAD Renewals Now Also Qualifies For Automatic 180-Day extension and L-2s Get Work Authorization Without EAD.
Update May 12, 2022 On Nov. 12, 2021, USCIS issued a policy announcement to clarify that it will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish…
USCIS May Accept Secondary Evidence When Adjudicating I-485 Under LRIF
USCIS issued a policy alert on 10/29/2021 to help some Liberian Nationals in meeting the filing deadline (12/20/2021) for Adjustment of Status under the Liberian Refugee Immigration Fairness (LRIF) law. LRIF allows certain Liberian nationals and their spouses, unmarried children under 21 years old, or unmarried sons and daughters 21 years or older living in…
Individuals From Hong Kong May Apply For Employment Authorization
Update Post May 22, 2023 Eligible Hong Kong residents may apply for EADs through Feb. 5, 2025. On Jan. 26, 2023, President Biden issued a memorandum extending and expanding DED for certain Hong Kong residents for 24 months. Eligible Hong Kong residents covered under DED as of Jan. 26, 2023, may remain in the United…